Legal Opinion
Ernest Lee Allen v. Art Calderon
Court of Appeals for the Ninth Circuit
Decided May 3, 2005No. 02-16917PublishedCited by 116 opinions
1Opinion of the Court
COWEN, Circuit Judge:
Ernest Lee Allen appeals the district court’s order dismissing his petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 for failure to prosecute. Specifically, Allen asserts, that the district court erred in not .considering the evidence of his incompetence before dismissing the petition. 1 We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253 and will reverse and remand for further proceedings.
The circumstances of Allen’s conviction have no bearing on this appeal. Proceeding pro se, Allen filed, a federal habeas corpus petition claiming that his sentence…
2Cases cited7 opinions
- Maleng v. CookSupreme Court of the United States · 1989
- Pliler v. FordSupreme Court of the United States · 2004
- William George Bonin v. Arthur Calderon, as Warden of San Quentin State Prison James Rowland, Director of the California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1995
- Hernandez v. City of El MonteCourt of Appeals for the Ninth Circuit · 1998
- Brian Keith Laws v. A.A. Lamarque, WardenCourt of Appeals for the Ninth Circuit · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by116 opinions
- Jason Lee Harris v. J. Kenneth MangumCourt of Appeals for the Ninth Circuit · 2017
- Roy v. LampertCourt of Appeals for the Ninth Circuit · 2006
- AT&T Mobility, LLC v. YeagerDistrict Court, E.D. California · 2015
- Nelson Hernandez v. Kim HollandCourt of Appeals for the Ninth Circuit · 2014
- Victor Mondelli v. Berkeley Heights Nursing and RCourt of Appeals for the Third Circuit · 2021
111 more not listed; retrieve them via the Exa API.